Military physicians have long enjoyed immunity from medical malpractice cases, but a recent ruling (pdf) by the U.S. Supreme Court has opened the way for some lawsuits to proceed against doctors who harm their patients.

Steven Alan Levin sued his eye surgeon after an operation at the U.S. Naval Hospital in Guam to remove a cataract in his right eye left him with diminished eyesight, discomfort and other problems.

Levin claimed he twice withdrew his consent to the operation based on his concerns over the equipment. But the Navy surgeon proceeded anyway, resulting in the plaintiff developing severe corneal edema.

The lawsuit was heard by both a federal judge and appellate court, during which the civil complaint was reduced down to a battery complaint against the United States. But even that was challenged by the U.S. government, prompting Levin to request a hearing before the Supreme Court.

Doctors working for the Department of Veterans Affairs have been immune from medical malpractice litigation since 1965, when Congress adopted legislation protecting them from lawsuits.

But an exception to that law was established by lawmakers in 1988, and the Supreme Court used that exception to rule that Levin’ case can proceed in a lower court.

-Noel Brinkerhoff

To Learn More:

High Court Revives Suit Over Naval Surgery (by Barbara Leonard, Courthouse News Service)

Opinion in the Case of Levin v. United States et al (U.S. Supreme Court) (pdf)

U.S. Supreme Court to Decide Medical Malpractice Case (MedicalMalpracticeLawyers.com)

Obama Administration Making it Harder for Military Families to Sue for Medical Malpractice (by Noel Brinkerhoff and David Wallechinsky, AllGov)

Supreme Court May Review Law that Prevents Military Personnel from Suing for Medical Malpractice (by Noel Brinkerhoff, AllGov)